Part 1.5

BAIL BOND ESTABLISHMENTS

Sections:

T20:134

2024-Supplement 1

ZONING

§ 20.80.080

The purposes of this part are to provide reasonable regulations to govern the appropriate siting of certain uses of real property, specifically bail bond establishments; to prevent adverse effects that can result from the concentration or clustering of such uses in close proximity to residential uses, and to retain business opportunities for uses other than bail bond establishments within close proximity to the Santa Clara County department of correction main jail complex.

(Ord. 28954.)

The location and operation of a bail bond establishment shall comply with all of the following criteria at the time that the bail bonds establishment locates at a site if no development permit is required or at the time a development permit is issued if a development permit is required:

• A. All property lines of the real property on which the bail bond establishment is located are at least two hundred feet from other bail bond establishments situated within or outside the city; and

• B. All property lines of the real property on which the bail bond establishment is located are at least two hundred feet from real property zoned for residential uses or on which a public park or public or private kindergarten-twelfth grade school is located.

(Ord. 28954.)

Notwithstanding the provisions of Section 20.40.500 of Chapter 20.40 of this title related to late night use and activity in commercial districts, a bail bond establishment may operate between the hours of midnight and 6:00 a.m. within those commercial zoning districts specified in Section 20.40.100 of Chapter 20.40 of this title without first obtaining a conditional use permit for such late night operations only if the location and late night operations

of that bail bond establishment fully conform with all of the following standards and criteria at all times:

• A. The real property on which the bail bond establishment is located is outside of the main jail area, which "main jail area" means, for purposes of this title, the area bounded by Highway 87, Rosemary Street, Sixth Street, Empire Street, and Hawthorne Street; and

• B. The provisions of Section 20.80.075 above are met; and

• C. The bail bond establishment does not exceed two thousand square feet of floor area; and

• D. The late night activity of the bail bond establishment does not involve any customers, deliveries, employee errands, or other arrivals to and departures from the bail bond establishment between the hours of midnight and 6:00 a.m.; and

• E. The bail bond establishment removes all litter, graffiti, or other materials on the site of the bail bond establishment between the hours of 8:00 a.m. and 10:00 p.m.; and

• F. The bail bond establishment meets all other requirements of this title, including but not limited to all regulations contained in Chapter 20.40 for commercial zoning districts.

(Ord. 28954.)

Part 2

BED & BREAKFAST INNS

Sections:

2024-Supplement 1

T20:135

SAN JOSÉ CODE

§ 20.80.110

• A. No development permit may be issued for a bed and breakfast inn unless the following criteria are met:

  1. The inn is owner-occupied.

  2. The building is of historical and/or architectural significance and was designed for residential occupancy.

Part 2.5

TRANSIENT OCCUPANCY AS AN INCIDENTAL USE TO A RESIDENCE

Sections:

3. No separate cooking facilities for guests are provided.

   4. No more than one daily meal, breakfast, is served to guests.

   5. No more than one guest room has an external entryway.

   6. No guest may occupy accommodations in the inn for a period of more than thirty calendar days, counting portions of calendar days as a full calendar day.

   7. A certificate of occupancy for group R occupancy is obtained from the city building division, and all applicable building and fire regulations are met.

   8. Any loan funds provided by the City of San José or the redevelopment agency for rehabilitation and/or repair of the subject building as a residential building have been repaired [repaid] in full.

• B. The criteria set forth in subsection A., above, shall be deemed to be conditions of any development permit for a bed and breakfast inn, and failure to adhere to said criteria shall be a violation of this title.

• C. All development permits for a bed and breakfast inn shall set forth the maximum number of guest rooms or guests that may occupy the premises, at any given time, for overnight lodging.

(Ords. 26248, 29523.)

The definitions set forth in the section shall govern the interpretation of this part:

• A. "Adjacent properties" means the dwelling units located to the sides, rear, front, including across the street, above and below, the dwelling unit in which the incidental transient occupancy is located.

• B. "Host" means any person, as defined in Title 1 of this Code, who is the owner of record of residential real property, or any person who is a lessee of residential real property pursuant to a written agreement for the lease of such real property, who offers a dwelling unit, or portion thereof, for incidental transient occupancy.

• C. "Host present" means the host is present on the premises of the dwelling unit that is being used for incidental transient occupancy during the term of the transient occupancy at all times between the hours of 10:00 p.m. and 6:00 a.m.

• D. "Hosting platform" means a person that provides a means through which a host may offer a dwelling unit, or portion thereof, for incidental transient occupancy. This service is usually, though not necessarily, provided through an internet based platform and generally allows an owner or tenant to advertise the dwelling unit through a website provided by the hosting platform and provides a means for potential incidental transient users to arrange incidental transient occupancy

T20:136

2024-Supplement 1

ZONING

§ 20.80.170

and payment therefor, whether the transient user pays rent directly to the host or to the hosting platform.

• E. "Incidental transient occupancy" means the use or possession or the right to the use or possession of any room or rooms, or portions thereof for dwelling, sleeping or lodging purposes in any one-family dwelling, two-family dwelling, multiple dwelling, mobilehome, live/work unit, or accessory dwelling unit, by a transient user.

• F. "Local contact person" means a person designated by the host who shall be available at all twenty-four hours per day, seven days per week during the term of any transient occupancy for the purpose of (i) responding within sixty minutes to complaints regarding condition or operation of the dwelling unit or portion thereof used for incidental transient occupancy, or the conduct of transient users; and (ii) taking remedial action to resolve such complaints.

• G. "Primary residence" means a permanent resident's usual place of return for hous-

ing as documented by motor vehicle registration, driver's license, voter registration or other such evidence.

• H. "Transient user" means a person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty consecutive calendar days or less, counting portions of calendar days as full calendar days.

• (Ords. 29523, 30480.)

Incidental Transient Occupancy meeting the criteria of this Part is an allowed use in any OneFamily Dwelling, Two-Family Dwelling, Multiple Family Dwelling, Mobilehome, Live/Work Unit, or Guest House. Incidental Transient Occupancy shall not be allowed in an Accessory Dwelling Unit. (Ords. 29523, 30353.)

Incidental transient occupancy of a residential dwelling is only allowed as an incidental use of such dwelling if the incidental transient occupancy conforms to each of the performance criteria set forth in Table 20-165 below.

Table 20-165 Performance Criteria

T20:137

2024-Supplement 1

SAN JOSÉ CODE

§ 20.80.170

(Ord. 29523.)